Portland Rent Board rules fees at 28 Saint George part of rent, orders refunds and fines after appeal

The Portland Rent Board on June 11 ruled that a set of monthly charges the owner of 28 Saint George Street listed as “optional” are part of rent and therefore were an unlawful rent increase under Portland’s rent‑stabilization rules. The board ordered the landlord to reset rent for the affected unit to the last code‑compliant amount, ordered repayment to tenants and forfeiture of banked rent, and assessed civil penalties for registration and retaliatory notices.

The ruling follows a hearing in which the appellant, the Portland Tenants Union, and tenants of Unit 3 — Helen and Rayo — said the landlord, identified in board filings as John Clemens and Abigail Harper, listed amenities (parking, garden access, deck use, laundry access, storage and a pet fee) as optional items on a lease presented to new tenants. Ethan Strimling, who spoke for the tenant union, told the board the optional fees were effectively mandatory because prospective tenants were told the unit would be leased only if they accepted the listed charges. "If you don't take them, you won't get the unit," Strimling said, describing the tenants' understanding.

Why it matters: Portland's rent‑stabilization rules define a rental unit and the components that count as rent. The board found that carving previously included common‑area rights and services out of a unit and charging them separately would undermine the scope of rent controls the city adopted. The decision affects how landlords in Portland may package charges for parking, storage, outdoor space and similar features for covered units.

What the board found and ordered

- The board found by vote that tenant access to and use of driveway/parking spots, garage bays, storage, the yard/garden, laundry and the deck, and the ability to keep pets at 28 Saint George Street are components of rent under the city ordinance and that those items were included in the rent when the…